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Chapter 3 Criminal Law
14 True/False and 44 Multiple Choice
58
Criminal Justice
Undergraduate 1
02/05/2014

Additional Criminal Justice Flashcards

 


 

Cards

Term
True
Definition
Harm occurs in any crime, although not all harms are crimes.
Term
True
Definition
Causation refers to the fact that the concurrence of a guilty mind and a criminal act may produce or cause harm.
Term
True
Definition
The principle of recognizing previous decisions as precedents to guide future deliberations is called stare decisis.
Term
True
Definition
A necessary first feature of any crime is some act in violation of the law.
Term
True
Definition
A tort is a wrongful act, damage, or injury not involving a breach of contract.
Term
True
Definition
Because the effects and taste of alcohol are so widely known in our society, the defense of involuntary intoxication due to alcohol consumption can be difficult to demonstrate.
Term
True
Definition
Espionage is the “gathering, transmitting, or losing” of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage.
Term
False
Definition
An offense that has been completed is called an an inchoate offense.
Term
False
Definition
Typically, civil suits seek punishment, not compensation.
Term
True
Definition
Civil law governs relationships between and among people, businesses and other organizations, and agencies of government.
Term
True
Definition
Common law originates from usage and custom rather than from written statutes.
Term
True
Definition
A felony is a criminal offense punishable by death or by incarceration in a prison facility for at least one year.
Term
True
Definition
Actus reus means “guilty act.”
Term
True
Definition
Corpus delicti literally means “the body of the crime.”
Term
a. criminal law
Definition

The assumption that criminal acts injure not just individuals, but society as a whole is fundamental to which of the following laws?

a. criminal law

b. administrative law

c. civil law

 

d. procedural law

Term
a. common law
Definition

Which of the following refers to a traditional body of unwritten historical precedents created from everyday social customs, rules, and practices?

a. common law

b. statutory law

c. law of the land

           d. case law

Term
rule of law
Definition
What is the maxim that an orderly society must be governed by established principles known as?
Term
administrative law
Definition
Which type of law refers to the body of regulations that the government creates to control the activities of industries, businesses, and individuals?
Term
administrative law
Definition
Which part of the law specifies the methods to be used in enforcing substantive law?
Term
d. robbery
Definition

Which of the following violations is NOT a misdemeanor?

a. disturbing the peace

b. being disorderly in public

c. simple assault

         d. robbery

Term
b. petty theft
Definition

Which of the following would NOT be categorized as a felony?

a. murder

b. petty theft

c. rape

           d. robbery

Term

b. motive for the crime

Definition

Which of the following is NOT an element of crime?

a. concurrence of act and intent

b. motive for the crime

c. criminal act

 

d. culpable mental state

Term
opportunity
Definition
Our legal system generally recognizes all of the following broad categories of defenses except ________.
Term
penal law
Definition
In its written form, the criminal law is also known as ________.
Term
d. espionage
Definition

Which of the following terms refers to gathering, transmitting, or losing information related to the national defense in such a manner that the information becomes available to enemies of the United States?

a. treason

b. inchoate

c. conspiracies

 

d. espionage

Term
d. actus reus
Definition

Which of the following terms mean “guilty act”?

a. collateral estoppel

b. mens rea

c. corpus delicti

 

d. actus reus

Term
a. consent
Definition

Which of the following falls under the category of justification?

a. consent

b. duress

c. insanity

 

d. mistake

Term
substantive criminal law
Definition
Murder, rape, and robbery all fall under what branch of modern law?
Term
d. eyewitness identification
Definition

Which of the following is NOT an example of procedural defense?

a. police fraud

b. prosecutorial misconduct

c. double jeopardy

 

d. eyewitness identification

Term
b. entrapment
Definition

Which of the following refers to improper or illegal inducement to crime by enforcement agents?

a. police fraud

b. entrapment

c. collateral estoppel

 

d. prosecutorial misconduct

Term
administrative law
Definition
Tax laws, building codes, and health codes are examples of what type of law?
Term
b. mens rea
Definition

Which of the following elements of crime means “guilty mind”?

a. actus reus

b. mens rea

c. corpus delicti

 

d. stare decisis

Term
insanity
Definition
A woman is accused of murdering her brother. She claims that she stabbed her brother to release the evil spirits within his body. The excuse defense that would most likely be used at her trial is ________.
Term
b. duress
Definition

Which of the following is an excuse defense?

a. consent

b. duress

c. necessity

 

d. double jeopardy

Term

c. double jeopardy

Definition

Which of the following is a procedural defense?

a. diminished capacity

b. involuntary intoxication

c. double jeopardy

 

d. mental incompetence

Term
a. statutory law
Definition

Which type of law is also known as the “law on the books”?

a. statutory law

b. natural law

c. procedural law

 

d. administrative law

Term
seek compensation
Definition
The main objective of a civil lawsuit is to ________.
Term
Jurisprudence
Definition
________ is the philosophy of law.
Term
administrative law
Definition

Which type of law covers practices in the areas of customs, immigration, and product safety?

 

Term
stare decisis
Definition
The principle of recognizing previous decisions as precedents to guide future deliberations is called ________.
Term
Misdemeanors; offenses; felonies
Definition
________ are generally more serious than ________, but less serious than ________.
Term
treason
Definition
Which crime best describes an attempt to overthrow the government of the society of which one is a member?
Term
inchoate
Definition
What term describes an offense not yet completed?
Term
knowingly`
Definition
Mens rea is most clearly present when a person acts ________.
Term
self-defense 
Definition
Which type of a defense is used when a defense attorney claims that the defendant’s actions were necessary to ensure his or her safety?
Term
incompetent to stand trial
Definition
When the defendant is incapable of understanding the nature of charges and proceedings, he will be declared ________.
Term
Ford v. Wainwright
Definition
Which Supreme Court case states that prisoners who become insane while incarcerated cannot be executed?
Term
Sixth
Definition
Which constitutional amendment guarantees the right to a speedy trial?
Term
ex post facto
Definition
The Constitution prohibits the enactment of ________ laws, which make acts committed before the laws in question were passed punishable as crimes.
Term
criminal law
Definition
The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature for wrongs committed against the state or society is called ________.
Term
precedent
Definition
The legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases is called ________.
Term
felony
Definition
A criminal offense that is punishable by death or by incarceration in a prison facility for at least one year is called a(n) ________.
Term

b. reasonable force

Definition

Which of the following is the degree of force that is appropriate in a given situation and that is not excessive?

a. self-defense

b. reasonable force

c. alter ego rule

 

d. deadly force

Term
b. purposeful
Definition

An activity that increases the risk of harm is called _______ behavior.

a. knowing

b. purposeful

c. negligent

 

d. reckless

Term
motive
Definition
A person’s reason for committing a crime is a(n) ________.
Term
strict liability offense
Definition
Bob runs a stop sign. He didn’t see the sign and he had no intention of breaking the law. He is guilty of a(n) ________.
Term
attendant circumstances
Definition
The facts surrounding an event are known as ________.
Term

c. alter ego rule 

Definition

Which of the following rules states that a person can only defend a third party under circumstances and only to the degree that the third party could act?

a. M’Naghten Rule

b. retreat rule

c. alter ego rule

 

d. Durham rule

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